What is the EU Intellectual Property Definition?

Italia – This is a summary of the EU’s Intellectual Property Act (EPI), a treaty between the EU and all its member states.

The EPI is an EU-wide law that aims to promote the protection of intellectual property rights and is one of the key instruments in the Treaty of Lisbon.

Article 1.

The aim of the Act is to promote and preserve the values and the rights of citizens in the fields of scientific, cultural, scientific and artistic creativity, scientific research and the development of new forms of expression and intellectual property.

2.

The Act establishes the European Intellectual Property Office (EPI) and the European Union Intellectual Property Database, as well as the European Patent Office.

Article 2.

This Treaty shall come into force on the day following the date of its publication in the Official Journal of the European Communities, unless amended by a later provision in the EPI Treaty.

Article 3.

This Regulation shall enter into force two years after its publication, except where the provisions of this Regulation would have entered into force at the time of entry into force.

Article 4.

The Union may amend the Epi Treaty, subject to the conditions laid down in Article 11, if it so wishes.

Article 5.

Any amendment shall be deposited in the archives of the Commission and shall become effective once notified to the Member States by the Commission.

If the Member State has not notified its intention to amend, the Commission shall determine the scope of the amendment, which shall then be notified to that Member State.

Article 6.

In accordance with the provisions laid down under the Treaties’ internal market legislation, the Union shall ensure that the implementation of the provisions in this Regulation is carried out by means of a harmonised system of public procurement contracts for the provision of goods and services and, in particular, by the application of standards in the procurement of goods, services and intellectual properties.

Article 7.

The Commission shall be empowered to decide on the application and the scope and the manner of implementation of this Directive, subject, where applicable, to the advice of the Economic and Social Committee.

Article 8.

This Directive shall not apply to the provisions on competition which have been adopted by the European Parliament and the Council.

Article 9.

This Chapter shall cease to apply to acts adopted on or after the date on which this Directive enters into force unless and until these acts are amended by the Council, the European Council or a special committee of the Council in accordance with Article 13 of the Treaty establishing the European Community.

Article 10.

This Decision shall not affect any rights or obligations arising from the Treaty on the status of persons, such as the obligation to respect and protect the rights and freedoms of the person, or the rights arising from or relating to property, or to the obligation of third parties to refrain from any acts which they have an obligation to perform.

Article 11.

The provisions of the EPE Treaty shall not prevent the Commission from exercising its competences and powers under the EPC, including, in respect of the internal market, its powers relating to the application, interpretation and enforcement of the Treatying provisions.

Article 12.

This EPE shall be binding on the Member states, their institutions and agencies, and shall apply equally to any other Member State or any third country.

The EPE, in its entirety, shall be a common law.

Article 13.

The European Commission shall provide for the implementation and interpretation of the rights, obligations and functions conferred on it by the Treatie.

Article 14.

The Council, acting by a qualified majority, shall determine by common decision the application or interpretation of these provisions.

It shall act unanimously on a proposal from the Commission or the Council for the application.

Article 15.

In the event of disagreement between the Commission, the Council or the European Court of Justice, or between the Treating authorities or the Treatyees in any respect, the Court shall resolve the question by a decision which shall be final and binding on all parties.

Article 16.

The Treaties shall be governed by the principles of the rule of law and of fundamental freedoms, without prejudice to the principles laid down by the Charter of Fundamental Rights and Freedoms of the United Nations, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The Court shall be composed of judges appointed by the Court, with the assistance of the President of the Court.

Article 17.

The ECJ shall be independent of the Courts, acting in accordance the procedure laid down for the procedure of the ECJ in the Treatys.

Article 18.

The Decision of the Committee on the Rules of Procedure and the application shall be notified by the President to the Council by the end of one year after it takes effect.

It will take effect, unless modified or withdrawn, on the date referred to in the Decision.

Article 19.

Any changes to the Epc shall be adopted by a two-thirds majority of the Members of the Chamber, or, if not so constituted, by